Liquidated Damages and Penalties:A Comparison of the Common Law and Certain International Approaches

The thesis compares recent developments to the tests to be applied to engage the penalty doctrine in Australia and England with certain international approaches which apply a different test.All systems analysed evidence a common rational which is that stipulations with the aim or purpose of punishment will not be enforced.Recommendations are provided as to how the relevant test for legitimate interests which applies in Australia and England can be limited in its application.